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Monday, July 24, 2006

Abraham Cherrix - Update

The lawyers for Abraham Cherrix filed a motion this morning to block Judge Demp's order requiring the 16 year old to undergo evaluation and chemotherapy beginning Tuesday.

The Cherrix's lawyer says he's waiting for a response to the motion filed this morning. The lawyer says if the teen is forced to comply with the order, "there's no way to undo the chemotherapy and radiation" and essentially that would end their path to further appeals.

It pays to have people familiar with similar cases reading your blog. Judy Aron, left a comment under this post, citing a Supreme Court case that helps demonstrate the rights of the parents in medical treatment. She said,

I am very surprised at this ruling especially in light of a Supreme Court ruling that says this:Because parents have a constitutionally protected liberty interest in the care, custody and management of their children against the state's unwarranted "usurpation, disregard, or disrespect", the Supreme Court has held that parents retain a substantial, if not the dominant, role in decisions affecting the child, including decisions affecting medical treatment. Tennenbaum v. Williams, 193 F. 3d 581, 594 (1999), Cf. Parham v. J.R., 442 U.S. 584, 99 S. Ct. 2493, 61 L. Ed. 2d 101; 1979 U.S. LEXIS 130 (1979); Meyer v. Nebraska, 262 U.S. 390, 39, 67 L. Ed. 1042, 43 S. Ct. 625 (1923).

The Supreme Court explained, "Simply because the decision of a parent is not agreeable to a child, or because it involves risks, does not automatically transfer the power to make that decision from the parents to some agency or officer of the state. The same characterizations can be made for a tonsillectomy, appendectomy, or other Medical procedur...Parents can and must make those judgments...Neither state Officials nor federal courts are equipped to review such parental decisions." Parham v. J.R. , 442 U.S. 584;602-606, 99 S. Ct. 2493; 61 L. Ed. 2d 101; 1979 U.S. LEXIS 130 (1979).

The type of treatment they are seeking doesn't seem to be the major factor according to the Supreme Court in determining who is the final decision maker.

Appearing on Sean Hannity's national radio program, Jay Cherrix said, "When the social-service worker came and interviewed me, I told him how Abraham felt andabout how we had met a person who had been cured by this [alternative treatment]and how we were supporting Abraham's decision. I said, 'What will you do with my little boy? Will you take him somewhere and strap him down and put duct tape onhis mouth and pump full of this stuff if he doesn't want it?'

"He said, 'No, I will come to your house with a uniformed officer, and I will take your son by force if he resists. And I will take him to somebody who will do that.' "And I said, 'I don't think I can let you do that.'"

He added there have also been other threats to take Abraham away from the family.

They told Abraham that if he did not go and have an X-ray, they would put him in a juvenile detention center with drug dealers. They told him that if he did not do that they would put him in a foster home. ... We never thought that people could actually say that to a young fellow like that. We've been surprised by lots of stuff but we have a strong faith and we believe that we'll prevail. We think there will be a judge that will use common sense and compassion and grant a stay on that [mandated chemotherapy] order."

We are praying that the next judge will use common sense, Mr. Cherrix.

I was speaking to my neighbors about this case today. They told me about their nephew who had the same type of cancer at the same age. He underwent chemotherapy twice. It did not cure his cancer, it killed him. The responsibility for that decision rests with the parents and they feel they made the best decision for their son. They are at peace. If the state takes on this decision for Abraham and the same thing happens to Abraham, what responsibility will the state take for their actions? The state which claims to have the best interest of the child, suddenly has no interest at all and the parents are left without their son.